Legal Question in Criminal Law in Missouri

I received documents in the mail charging me with Misdemeanor Possesion of Marijuana and Misdemeanor Paraphenalia. I have no warrant for my arrest listed on MOCase.net, but the charges appear on that site. I have a court date for an arraignment in 2 weeks. The situation in question involved me being "in the wrong place at the wrong time", basically. I went to the home of a young woman who recently had lost her husband to suicide; the husband had been a friend of mine for many years. While at the home, police entered looking for marijuana. The officers searched my belongings finding nothing and I informed the officers of the home's occupants' wherabouts prior to police arrival. Officers did find a "pipe" in a back room where occupants had been, at my directive. The home's owner, the woman I had gone to visit, also produced a small box containing marijuana, giving this to the police, while I was present in the home. The officers left the house with no arrests. Now, I have this documentation charging me with these infractions as well as the others in the house, I suppose. My question is as follows: 1) Is this appropriate legal action on the state's part? 2.) Can I be charged with this though the marijuana and "pipe" were not mine and not found on my person or in my own home or possessions? I am a registered nurse with no background of drugs. How should I proceed?


Asked on 10/25/09, 12:56 am

1 Answer from Attorneys
Sean Santoro Santoro Law Office

Police can enter a dwelling either on a warrant, if there is an emergency, or by invitation. You say 'police entered', but you don't say how or why. I would need more details to tell you if it was appropriate.

In Missouri, 'constructive possession' means anyone with access to contraband can be charged with possession.

This may negatively affect your career if convicted. I have extensive experience in this area. Feel free to email me at [email protected] or call me at 913 441 5025 to discuss your options.

--Sean Santoro

Santoro Law Office

Licensed in MO and KS

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Answered on 10/30/09, 11:24 am


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